If a suspect is arrested

When the police think someone may have committed a crime, they'll usually be taken to a police station, held in custody and questioned.

A suspect can be kept in police custody for up to 12 hours before they are released or charged with the crime. Sometimes this can be extended by another 12 hours.

The police have powers to take:

photographs of the person

finger prints and DNA

The police can release a suspect while they continue investigating the crime. They can be arrested more than once for the same offence. But these separate arrest periods can't last longer than 12 hours.

The suspect might be given rules they must stick to on release – for example, not going to a certain place or speaking to certain people. This is called investigative liberation. If a suspect breaks any of their conditions they can be arrested.

If a suspect is charged

If the police have enough evidence to charge the suspect, they'll decide if:

they can be released until their first court hearing – they may need to agree to follow certain rules, known as an 'undertaking'

they can be released while the procurator fiscal decides whether the case will go to court

they'll be kept in police custody until their court hearing – this will be the next day unless it is a weekend or public holiday

they'll be given a direct measure – like a warning or fine

no further action will be made against them

Release of suspects

The law says that someone is innocent until proven guilty. This means they shouldn't be kept in police custody unless there's a good reason to do so.

If you know information about why the accused shouldn't be released from custody, let the police know right away. It's important the police know as much information as possible.

Why a suspect may not be released

The police might not release someone if they think:

they'll commit more crimes

they're a risk to an individual

they're a risk to the public

Bail and remand at court

If the accused appears in court they're entitled to apply for bail. They'll be released until the trial, unless the procurator fiscal can argue why they shouldn't get bail, for example:

it's likely the accused will commit more crimes

it's likely they won't come back for the trial

they're a danger to witnesses or other members of the public

Bail is when a person is released from custody by a court. They'll have to agree to certain conditions before they're released, like promising to go to court or not committing any other crimes.

If you're worried about a suspect being released

Tell the procurator fiscal, your police contact or your lawyer about any concerns you have about someone being released. There may be some special conditions put on their bail – like not being allowed to go to a particular place.

Suspects released on bail will be told not to behave in a way that causes any alarm or distress to you or other witnesses.

Tell the police right away if a suspect approaches or bothers you. The police can arrest the person as they're breaking the conditions of their bail.

If the police can't find the suspect

Sometimes no suspect is found, or there's not enough evidence for the police to take further action.